Joshlin’s case puts role of Children’s Commissioner under spotlight

A REVIEW of what the Western Cape Children’s Commissioner (WCCC) achieved in its first term will be necessary to determine which issues to give priority to and focus on as the search for a new head is set to get underway in the coming weeks.

This is according to Molo Songololo director Patric Solomons who said there were many serious and pressing issues that affect and impact children in the Western Cape Province, and need to be urgently addressed. 

His remarks come amid the conviction of missing Joshlin Smith’s mother Kelly, her boyfriend Jacquen 'Boeta' Appollis, and their friend Steveno van Rhyn for Trafficking in Persons for the purpose of exploitation and kidnapping. Joshlin went missing in February last year while in Appollis’ care. 

The state maintained during the recent trial that the three had planned to sell the child.

The Joshlin case has also put into the spotlight the role of the Western Cape Children’s Commissioner, whom activists have criticised for not playing an active role.

“The Western Cape Commissioner for Children does have a specific mandate set in law and should be able to act independently without fear of favour. It is important that children, children's organisations, government departments, civil society groups,  know and understand the role and function of the Commissioner. It will help if the Commissioner has eyes and ears on children in different circumstances and is strategic to ensure that there is effective communication, access, and responses. It is a new entity so it is important to assess the progress, achievement, gains, challenges and remedies and how to strengthen the WCCC's oversight and independence to be reviewed as well," Solomons said.

Current commissioner Christina Nomdo’s term comes to an end this month.

Philisa Abafazi Bethu (PAB) baby saver centre director and child rights activist, Lucinda Evans said she would have wanted a voice and input from the Children’s Commissioner on critical issues affecting children. 

She had been trying to get the support of the Commissioner to help get the safe relinquishing of babies through baby savers legalised. 

“For the last five years we've had many things happening to children. Children being shot, children being raped at schools etc, where is the commissioner? As defenders of children’s rights, we haven’t seen anything, there hasn’t been any significant change or the Commissioner even speaking out against atrocities. Now Joshlin Smith, who is going to advocate for the rest of the children in (Middelpos)?" asked Evans. 

The Commissioner’s office said Nomdo’s role was not a frontline worker but was “strategic” to oversee social sector departments and organisations focused on children, rather than directly providing services.

“The Children’s Commissioner consistently emphasises the need for collective and individual responsibility in turning the tide on violence. The frontline services, like the police and the child protection system at the Department of Social Development, must do their jobs well to respond when children are violated. Activists should hold communities and frontline services to account to do the best they can.

“The Commissioner operates strategically within government systems to advocate for policy and law changes that promote children's rights. During the Commissioner's term, community child rights workshops were conducted across various municipalities in the Western Cape. These workshops provided a platform for children to share their experiences about safety in their communities, express their aspirations and concerns, and suggest improvements to government services. The Commissioner for Children is saddened by the enduring presence of violence in the lives of children.”

Cape Times